West Virginia is only one of five states that require a legislator to fill a gubernatorial vacancy. Under current law, the President of the Senate must fill any gubernatorial vacancy. The goal Tomblin hopes to achieve is clarity and simplification to the state constitution. The Acting Governor said: "One thing I’ve learned is that we need to have some clarity to our constitution. For example, our Constitution does not differentiate between a short-term disability and a long-term vacancy.”[1]

No date has been set on when the working group will meet to discuss the issue. West Virginia's Legislature begin its 2011-2012 session on January 7, 2011.[1]